Ex Parte CUTTING et al - Page 4




          Appeal No. 2001-0445                                                        
          Application No. 09/017,338                                                  


               the cause of poor bonding to palladium surfaces at                     
               temperatures below 200°C because hydrogen makes the                    
               plated palladium material surface harder.  The present                 
               invention is known to release this hydrogen while                      
               preventing oxidation of the palladium surface during                   
               heating and prior to bonding a wire to the palladium                   
               through the gold.  Furthermore, successful bonds using                 
               gold wire of 0.001 inch diameter have been made using                  
               the present invention without heating the palladium                    
               layer above 200°C.                                                     
          Hence, according to appellants' specification, the second, or               
          gold, layer must be less than about 200 Angstrom thick for the              
          hydrogen molecules to satisfactorily pass therethrough.  On the             
          other hand, Makoto is silent with respect to the thickness of the           
          second gold layer and, as noted by appellants, the figures of the           
          reference depict the gold layer as essentially equal to the                 
          thickness of the copper and platinum layers.  Although Makoto               
          heats the circuit to a temperature of 430°C for six minutes, the            
          examiner has not established that such heating would inherently             
          or necessarily result in the first metal layer being                        
          substantially free of hydrogen molecules.  It is well settled               
          that inherency requires inevitability, not merely possibilities             
          or probabilities.  In our view, there is insufficient evidence of           
          record to support the conclusion that the first metal layer of              
          Makoto is substantially free of hydrogen, as required by the                
          appealed claims.                                                            


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